Court No. - 38
Case :- WRIT - C No. - 64714 of 2005 Petitioner :- District Asstt. Registrar Coop. Societies Respondent :- Amar Singh Chandel And Others Counsel for Petitioner :- R.N. Ojha,O.P. Ojha Counsel for Respondent :- C.S.C.,Anjana Singh Dewal,M.D. Mishra,S.D. Mishra
Hon'ble Jayant Banerji,J.
Heard Shri O.P. Ojha, learned counsel for the petitioner.
This writ petition has been filed challenging the order dated 30.5.2005 passed by the Additional Civil Judge (Junior Division), Lalitpur in Execution Case No. 1 of 2003 arising out of Original Suit No. 168 of 1998 (Amar Singh Chandel Vs. Assistant Registrar Cooperative Societies) and the order dated 13.9.2005 passed by the Additional District Judge, Lalitpur in Civil Revision No. 29 of 2005, whereby the revision preferred by the petitioner against the order of the Additional Civil Judge directing issue of process for execution was rejected.
Admittedly, the petitioner who is the judgement debtor has filed a Second Appeal No. 1444 of 2002 before this Court which was admitted on substantial question of law and notices were issued on 12.12.2002 on the stay application. It has also been stated that the counter and rejoinder affidavits have been exchanged.
A perusal of the order dated 30.5.2005 passed by the executing court reveals that no stay order was granted by this Court in the Second Appeal and as such the executing court directed issuance of process for execution. The revisional court also has considered the grounds raised by the petitioner and has dismissed the revision after finding that there were no ground for interference in the revision.
Considering the facts and circumstances of the case, this Court is not inclined to interfere in the matter inasmuch as the appropriate remedy of the petitioner would lie in pursuing his pending application for stay in the Second Appeal.
This writ petition is, therefore, dismissed for want of merit. Interim order, if any, stands vacated.
Order Date :- 25.2.2019 A. V. Singh (Jayant Banerji,J.)